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NCJRS Abstract

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SECURITY AND PRIVACY ISSUES RELEVANT TO COMPUTERIZED RECORDKEEPING AND INFORMATION SYSTEMS IN CRIMINAL JUSTICE ARE EXAMINED FROM FEDERAL, STATE AND LOCAL, CONGRESSIONAL, AND BRITISH PERSPECTIVES.

Abstract:

CONGRESSIONAL EFFORTS RELEVANT TO SECURITY AND PRIVACY ISSUES INCLUDE A SURVEY OF FEDERAL GOVERNMENT INVOLVEMENT IN AUTOMATED DATA PROCESSING AREAS, PENDING LEGISLATION, AND SENATOR ERVINS RIDER TO THE FEDERAL BUREAU OF INVESTIGATIONS'S (FBI'S) APPROPRIATIONS BILL. THE SURVEY BY THE SUBCOMMITTEE ON CONSTITUTIONAL RIGHTS HAS ALREADY RESULTED IN A 2,000-PAGE HEARING RECORD; AND A SUMMARY AND LEGISLATIVE RECOMMENDATIONS BASED ON SURVEY FINDINGS ARE BEING PREPARED. TWO BILLS PENDING BEFORE THE SENATE, S. 2546 AND S. 3834, COVER ALMOST EVERY ISSUE INVOLVED IN CRIMINAL JUSTICE DATA BANK-PRIVACY AREAS. SENATOR ERVIN'S RIDER TO THE FBI APPROPRIATIONS BILL WOULD PROHIBIT DISSEMINATION OF ARREST RECORD TO NONCRIMINAL JUSTICE AGENCIES. ONE OUTGROWTH OF THE SUBCOMMITTEE ON CONSTITUTIONAL RIGHTS HEARINGS HAS BEEN THE CREATION OF THE ADVISORY COMMITTEE ON AUTOMATED PERSONAL DATA SYSTEMS BY THE DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE. THE COMMITTEE IS CHARGED WITH ANALYZING POTENTIALLY ADVERSE CONSEQUENCES OF APPLYING COMPUTER AND COMMUNICATIONS TECHNOLOGIES TO DATA BASES WHICH USE IDENTIFIABLE PERSONAL INFORMATION AND WITH DETERMINING POSSIBLE SAFEGUARDS FOR THE USE OF SUCH INFORMATION AND HOW TO IMPLEMENT SUCH SAFEGUARDS. IN CARRYING OUT THESE RESPONSIBILITIES, THE COMMITTEE FOUND THAT THE ISSUES INVOLVED ARE MUCH BROADER THAN PERSONAL PRIVACY RIGHTS WHICH INCLUDE SUCH CONSIDERATIONS AS INSTITUTIONAL AUTONOMY VERSUS INSTITUTIONAL PLURALISM RISKS INVOLVED IN DISCONTINUITY OF FUNCTION OF LARGE SCALE COMPUTERIZED SYSTEMS, AND THE SOCIAL IMPLICATIONS AND IMPACT OF TECHNOLOGY. A BRIEF OUTLINE OF THE HISTORY OF CRIMINAL JUSTICE RECORDKEEPING IN THE UNITED KINGDOM IS PRESENTED WHICH ALSO TOUCHES ON SECURITY AND PRIVACY SAFEGUARDS IMPLEMENTED IN THE NATIONAL COMPUTER INSTALLATION WHICH CONTAINS INFORMATION ON CONVICTED FELONS AND SERIOUS MISDEMEANANTS. THE PHILOSOPHY OF THE YOUNGER COMMISSION CONCERNING A RIGHT TO PRIVACY IS ALSO SUMMARIZED. THE CALIFORNIA EXPERIENCE WITH COMPUTERIZED CRIMINAL JUSTICE INFORMATION SYSTEMS IS SUMMARIZED AND ASPECTS OF A PENDING LEGISLATION ADDRESSING SUCH ISSUES AS DATA PRIVACY, SECURITY, AND INTEGRITY ARE NOTED. (JAP)

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